TOWN OF BERTHOUD PLANNING COMMISSION TOWN HALL 807 Mountain Avenue THURSDAY, November 9th, :30 P.M.

Transcription

1 Town of Berthoud 807 Mountain Avenue Berthoud, CO Call to Order TOWN OF BERTHOUD PLANNING COMMISSION TOWN HALL 807 Mountain Avenue THURSDAY, November 9th, :30 P.M. 2. Roll Call Scott Banzhaf, Chair Jennifer Baker, Vice Chair William Gilmore Kelly Dunkelberger Christine Celentano, Secretary Richard Shepard Tim Hardy All matters listed under Item 3, Consent Agenda, are considered to be routine by the Planning Commission and will be enacted with a single vote. If discussion is deemed necessary on an item, that item should be removed from the consent Agenda and considered separately. 3. Consent Agenda: a. Minutes from the meeting of October 28, Creekside Townhomes Concept Plan, Creekside Development LLC, agent TB Group 5. Hammond: Side yard setback waiver for Hammond 3 rd and 4 th Filing, Landhuis, agent TB Group 6. Adjourn. If you require a special accommodation, please contact the Town Clerk 24 hours in advance at (970)

2 TOWN OF BERTHOUD PLANNING COMMISSION REGULAR MEETING October 26, 2017 Page 1 of 3 TOWN OF BERTHOUD PLANNING COMMSSION 1. Call to Order Chairman Banzhaf called the Planning Commission Meeting to order at 6:30 P.M. 2.Roll Call Patti Swiger, Building and Planning Clerk, called the roll call. Chairman Banzhaf,Vice Chairman Baker, Commissioners Shepard,Gilmore, Celentano, Dunkelberger were present. Commissioner Hardy was absent. 3.Consent Agenda The consent agenda in the packet had already been approved. No action was taken. Chairman Banzhaf changed the order of the agenda to accommodate presenters from out of Town. 4(6). HAMMOND: Preliminary Plat for Hammond 4 th filing: Freese introduced the Hammond preliminary plat for the Hammond 4 th Filing. Freese gave an introduction and provided background information. Jeff Mark with Landhuis Company. Earth work, utilities are done in Filing 3.Paving will be next month. Filing 2 finishing up the earthwork. Will conform to same fencing. Staggered the lots. will complete a portion of 10E. so on completion will have full pavement from the intersection to the bridge. Gilmore asked about dirt pile. Open public hearing by Banzhalf. No one wishing to speak. Closed. Motion by Shepard to approve the Hammond Preliminary Plat, with the findings that it is consistent with Section C (found on page 3 of this Staff Report) with the same fencing requirements that were in the 3 rd filing. Second by Gilmore. With all in favor, THE MOTION CARRIED. 5. DREAMFINDERS: Reconsideration of final plat conditions at the Colorado West Subdivision. Freese introduced the reconsideration of Final Plat Conditions at the Colorado West Subdivision. Freese gave an introduction and provided background information. Photos shown. Staff recommends amending the lots with regards to the driveways.

3 TOWN OF BERTHOUD PLANNING COMMISSION REGULAR MEETING October 26, 2017 Page 2 of 3 John Landwehr of Dreamfinders Homes : 8 lots with 4 combinded driveways. Lots 2-3 drives already poured. Lots 4-5, 13-14, have not been poured. Willing to take out driveways and re do them. Concern with the lip on the drives and the safety factor. Baker concerned about traffic and the backing of vehicles onto 5 th street. Landwehr said a straight down driveway would be the best. Discussion of the topography and the traffic and the school traffic and pedestrians. Shepard asked about Spartan Avenue. Landwehr said it would be a better situation. Freese said the restriction of 20 width is what they had to work with. Recind the restrictions. Removed the shared access drives. and clean up the lots. then be able to turn and come out the front way. Motion by Shepard that on Lots 2,3,4,and 5 to lift the restriction on shared driveways and allow a 20 foot driveway access with a side turn arounds. Provide a revised plat showing the removal of shared driveway restrictions on Lots 13,14,15, and 16. Second by Dunkelberger. With all in favor, THE MOTION CARRIED. 6 (4). MEDICAL MARIJUANA USE BY SPECIAL REVIEW AT ND STREET: Freese gave an introduction and provided background information. Special Review at nd Street. Grow can only be for what they can sell. Tom Moss, Front Range Builders, th sw, Loveland. Co His building meets the requirements for marijuana. He will adjust the façade and will do a security plan as is recommended by the State. This is an opportunity for the Town. Banzhaf asked about the smell. Moss said exhaust out or pushed out. so use a filter system that will scrub the smell out. Celentano asked about employees how many. Moss said 4-5 people. Dunkelberger : have you asked neighbors. Moss replied yes I talked to them. Gilmore. Don t need another medical marijuana facility. But when town says yes to recreational marijuana you will benefit. Banzhaf opened public hearing. Steve Forman,Thompson Valley EMS: Will be neighbor at nd. 24/7 crew. We knew this was a industrial area but did not expect the marijuana shops. We have a lot of concerns about alley access and exit. Don t want to be blocked in. has concerns about the crew being around marijuana and the people that gather around marijuana shops. But I do feel I need to watch out for my crew and how it affects the people we take care of in Berthoud. Bob Frekey, 421 Colorado Ave.Berthoud Was at town board and asked if voting would go to the public. But if it passes then we would have 3 rec marijuana stores. Concerned with statistics the sheriff departmentand the effect if the Town gets commercial(recreational). I don t think I want it. With no one else wishing to speak Banzhaf closed the public hearing.

4 TOWN OF BERTHOUD PLANNING COMMISSION REGULAR MEETING October 26, 2017 Page 3 of 3 Celentano would have liked statistics from Mr. Moss. Did not prove a need. Mentioned more traffic on the road. Baker said retail marijuana does have financial benefits to the Town. Banzhaf not sure if data is there with is there a need? Private market takes that risk and the public with their wallets lets them know if the niche is filled. Freese this is special use review. Conditions can be put on. Gilmore said this would let staff not have to field any more calls on marijuana facilities. Motion by Shepard that the Planning Commission recommends approval of the use by special review for the medical marijuana facility at nd Street. Utilizing the findings in support of the criteria necessary for approval or denial (found on pages 3-4). Along with the Staff recommendations: A Security Plan is submitted, reviewed and approved by the appropriate agencies prior to any permits being issued, or opening the facility. The applicant complies with all fire and building code requirements and obtains the necessary permits, prior to opening the facility. The facility receives approval from the Local Licensing Authority as per Section of the Towns Municipal Code. The applicant take reasonable steps to mitigate the odor coming from the facility. The applicant add signage to alleviate parking issues in the area. Second by Gilmore. Commission Polled. Baker,Banzhaf,Shepard,Gilmore in favor. Dunkelberger against. THE MOTION CARRIED. 7. Reports. Maps updated. Raw numbers we are 10 permits from Windsor. Interest in the mixed use areas. 8. Adjournment Commissioner Gilmour asked for meeting to be adjourned at 8:45 P.M. Christine Celentano,Secretary Patti Swiger, Building Department

5 STAFF REPORT: CREEKSIDE CONCEPT PLAN DATE: November 9, 2017 GENERAL INFORMATION Applicant: Site Location: Applicant's Request: Current Zoning: TB Group, agent for Creekside Size: 7.42 acres total Development LLC This property is located along 8 th Street, to the north of Berthoud High s athletic fields and to the South of the Nielsen Greenway. The Applicant is requesting approval of an overall Concept Plan for the Creekside development. R-3 Multi-family residential (Single Family, Duplexes, Condos, Townhouses, Apartments) ZONING DISTRICT INFORMATION Proposed Districts M-1/R-1/R-3/R-4/ R-3/R-4 Min. Lot Size 3,500 sq. ft. Min. Lot Width 35 Front Setback 20 Side Setback 5 single story; 7 6 two story Rear Setback 20 Building Height: 50 principal; 30 accessory SURROUNDING ZONING, LAND USE AND REQUIRED BUFFERS Adjacent Zoning Adjacent Land Uses Setbacks for Adjacent Zoning /Buffer required if rezoned North: R-3/PUD Cottages at Berthoud Village N/A South: R-1 High School/Athletic Fields N/A East: R-1 Greenway, Single Family Houses N/A West: R-3 High School/Single Family N/A

6 PROPOSAL The Applicant, Development LLC, is requesting Concept Plan approval for a 7.42 acre development comprised of 63 townhomes. The land is currently zoned R-3 Multi-family, which allows townhouse development as a permitted use. In addition, the R-3 district allows 12 dwelling units per acre, which would result in a maximum density of 89 dwelling units; therefore the proposed density easily satisfies the district standard. The applicant will be required to obtain future platting (preliminary and final) approvals consistent with the Concept Plan should it be approved. As this project is made up of townhouses, lot lines will be created for each one of the dwelling units during this platting process. Due to the long narrow strip of land reserved for open space along the Greenway, a total of 3.65 acres of open space is proposed, almost exactly ~50% of the overall acreage for the entire development. Background/Trails: The Nielsen Greenway and Trail was developed on the Northwest end of the property, as part of the requirements for approval to the subdivision to the North, (the Cottages at Berthoud Village) as this property and the Cottages were previously part of the same development. The developer of the Cottages has since sold this southern portion of the development property to the Applicant. The Applicant is proposing to build sidewalks in the development to connect with the Nielsen Greenway/10 regional trail on the North end of the property, in addition to also connecting to the existing sidewalk along the Southern end of 8th Street. Road Layout: The applicant is proposing two access points along 8 th Street: one right after the curve and past the ditch/greenway, and the other at the far Eastern end of the property. The entrances do not satisfy the normal spacing standards due to the greenway and ditch. However, a traffic study will be required at the Preliminary Plat stage, also analyzed by the Staff Engineer and a consulting Traffic Engineer the Town has on retainer, to make sure the access points are in the best location. PREFERRED LAND USE The Town s Preferred Land Use Map designates this area as: Moderate density residential, with residential development at 2 6 units per gross acre for the majority of the site. While the proposed density does not satisfy the 2-6 units per acre, it is significantly below the 12 unit density allowed in the R-3 zoning district. The property has been zoned R-3 with a density of 12 units per acre for years, and therefore the property owner does have a right to the higher density allowance. CONCEPT PLAN REQUIREMENTS FOR APPROVAL The Town shall use the following criteria in addition to other applicable provisions of this Code to evaluate the applicant s concept plan application: 2

7 1. The land use mix within the project conforms to Berthoud s Zoning District Map and Comprehensive Plan Preferred Land Use Map and furthers the goals and policies of the Comprehensive Plan. The use proposed conforms to the R-3 zoning district and density. The layout provides safe and convenient pedestrian pathways to parks, the downtown, two schools and to the Mountain Avenue commercial corridor. The property is in an excellent location for multi-family housing as per the Comprehensive Plan Circulation/Transportation and Urban Design Goals and Objectives due to its aforementioned location to the downtown, parks, and schools. 2. The concept plan represents a functional system of land use and is consistent with the rationale and criteria set forth in this Chapter, the Town Comprehensive Plan, and the Parks, Open Space and Recreation (PORT) Plan as amended. This project is largely a continuation of the density, use, and style of the Cottages at Berthoud Village to the North. In addition, due to its proximity to schools, parks, trails, and Mountain Avenue, this project represents a functional system of land use as identified in the Comprehensive Plan. Almost 50% of the project is dedicated to open space, including a corridor long the Nielsen Greenway. In addition, the Applicant has made every effort to provide multiple pedestrian connections to the existing trail network, satisfying the PORT Plan. 3. The utility and transportation design is adequate, given existing and planned capacities of those systems. x. e school. 4 Negative impacts on adjacent land uses have been identified and satisfactorily mitigated. A detention pond, as well as a significant landscape (50-60 ) area to the East has been proposed to provide a buffer from the single family homes. The project is consistent with and a continuation of the subdivision to the North and West. 5. There is a need or desirability within the community for the development and the development will help achieve a balance of land use and/or housing types within Berthoud according to Town goals. This development provides the balance of land use and housing types Berthoud desires overall as it offers an entirely multi-family attached product which Berthoud is currently lacking. As mentioned in previous development cases, Berthoud lags behind Colorado in terms of housing diversity: 83% of Berthoud s housing stock is single-family detached, while the State s percentage is 63%; single-family attached and multi-family units comprise only 8.6% of Berthoud s housing supply versus the State s percentage of 32%. 3

8 6. The project has shown efforts to preserve wetlands, view corridors and natural features of the site. PUBLIC NOTICE No wetlands are present on the site. The applicant is designing infrastructure with the greenway/ditch in mind. Notice of the Town Board Public Hearing has been mailed to property owners within 300 feet of the subject property, a legal ad published, and the property was posted as required by the Development Code. FINDINGS AND RECOMMENDATIONS Staff recommends approval of the Concept Plan as it satisfies the conditions of Section C of the Development Code, listed on pages 3-4 of the Staff Report. 4

9 PROPOSED CONCEPT PLAN

10 V.P. WV F E S V.P. WV F E S F E S F E S util WV F E S F E S F E S WV WV S V.P. F E S WV WV WV VICINITY MAP S BERTHOUD VILLAGE CONDOS ZONED: R3 S S SITE SEAL OPEN SPACE 8TH STREET (MINOR COLLECTOR 60' ROW) EXISTING 10' PORT TRAIL LEGAL DESCRIPTION LOT 2, BEIN VILLAGE SUBDIVISION AMENDED FIRST REPLAT, TOWN OF BERTHOUD, COUNTY OF LARIMER, STATE OF COLORADO PROJECT TITLE THOMPSON SCHOOL DISTRICT ZONED: R1 S S BERTHOUD VILLAGE CONDOS ZONED: R3 OPEN SPACE EXISTING 10' PORT TRAIL BIRDSONG ZONED: PUD HUMMINGBIRD PLACE LAND USE STATISTICS TOTAL ACREAGE = APPROX ACRES ROW = N/A PRIVATE DRIVES/PARKING= APPROX ACRES ALLOWABLE DENSITY = UP TO 12 DU/AC PROPOSED DENSITY = 8.4 DU/AC OPEN SPACE ACREAGE = APPROX ACRES % OF SITE AS OPEN SPACE = 49% LAND USE SUMMARY 7-PLEX BUILDING (7) PLEX BUILDING (2) PLEX (1)... 4 TOTAL...63 CREEKSIDE TOWNHOMES Berthoud, CO PREPARED FOR CREEKSIDE DEVELOPMENT, LLC C/O RUSSELL BAKER 772 WHALERS WAY, #200 FORT COLLINS, CO T T A 7-PLEX S T S S D T S B 7-PLEX DETENTION C D THOMPSON SCHOOL DISTRICT ZONED: R1 J 7-PLEX ZONED R3 C 7-PLEX H Y D BEIN 5TH ADDITION ZONED: R3 I 7-PLEX H 5-PLEX D 4-PLEX REVISIONS DATE G 7-PLEX PRIVATE DRIVE TYP. 8TH STREET (MINOR COLLECTOR 60' ROW) E 7-PLEX S H Y D EC DETENTION ISSUE DATE DATE THOMPSON SCHOOL DISTRICT ZONED: R1 F 5-PLEX SEPTEMBER 22, 2017 SHEET TITLE OVERALL CONCEPT PLAN 0 60' 90' 120' SCALE 1" = 60'-0" NORTH SHEET INFORMATION Sheet Number: Of: 1 1

11 APPLICANT S CONCEPT PLAN NARRATIVE

12 September 22, 2017 Town of Berthoud 3287 Massachusetts Ave PO Box 1229 Berthoud, CO RE: Creekside Townhomes Project Description General Description The development proposed at Creekside Townhomes includes R3 single-family attached housing. Land Use Area The property is approximately 7.42 acres with existing R3 zoning. The maximum allowable dwelling units per the Comprehensive Plan is 89 (at 12 DU/AC). While the proposed plans currently show a lower density, the density may increase slightly at final plat, not to exceed the maximum allowable, depending on the final design. Compliance with Section The lot area sizes provided are sufficient to comply with Section of the Town of Berthoud Land Use Code. As design of the development moves forward, building design, diversity of housing models and setbacks will be provided to meet the Town of Berthoud Land Use Code. Geologic Hazard Areas There are no geologic hazard areas. Existing Zoning Existing zoning within the property boundary is R3. Existing zoning adjacent to the East side of the property is PUD and Residential (R3), to the West side is Residential (R1) and adjacent to the South side is zoned Residential (R1) and Residential (R2). To the North, the properties are zoned Residential (R3). Commercial Mineral Deposits Any existing commercial mineral deposits located on the site are owned by Creekside Development, LLC., c/o Russell Baker. There are no known gravel deposits. Design Rationale This project is a logical extension of the Town of Berthoud. There are utilities nearby and surrounding Berthoud streets. The proposed development is in walking distance to schools, parks and the Downtown. The proposed development will provide good connections to adjacent development and land uses. The proposed residential development will integrate well with neighboring residential to the North and East.

13 Easements There are several easements on the project site that will be maintained. These include a utility easement along 8th Street as well as a utility easement north of No-Name Creek, adjacent to Bein 5th Addition. There is a 20 temporary construction easement at the south end of the project that will be vacated with this project. Any additional easements that are discovered as the project moves into more detailed design will be evaluated and maintained as required. Any new easements that are required will also be dedicated. Water Service Domestic water service for the project will be provided by the Town of Berthoud. Approximately 13.2 acre-feet of water has already been dedicated on behalf of the project by the previous subdivision to the north. If additional water is needed to comply with Town requirements, it will be provided in a manner acceptable to the Town and consistent with Town code. An existing water main is located within 8th Street, and two connections to the main will be included with the project. A water main will be looped through the site with individual services provided to each unit. There are no known pressure issues or other special considerations that have been identified at this time that would affect the proposed development. Compliance with the Town Comprehensive Plan The proposed development integrates the goals set out in the Town Comprehensive Plan in the following ways: Land Use and Growth Management (Goals/Objectives: 1.1.1, 1.1.2, 1.1.3, 1.6.1, 1.6.2) The layout provides continuous, direct, convenient, and safe pedestrian pathways to proposed park area, downtown, schools and nearby, offsite commercial. The site is well situated for multifamily housing per the Comprehensive Plan. The plan also provides for more diversity in housing types within the Town of Berthoud. The lot sizes and density shown on the current plan are conceptual. At the time of plat, lot sizes and density may change but will not exceed the allowable density per the Comprehensive Plan. Circulation and Transportation (Goals/Objectives: 2.2.1, 2.2.8, , ) This plan provides a safe and efficient transportation network that accommodates pedestrians, vehicles and bicycles. It is planned as walkable community with existing, attached sidewalks along 8 th Street, street trees and connections throughout the community. Two primary connections to the development are provided along 8 th Street. There are no street connections from adjacent neighborhoods to align with in this development. Community Character and Urban Design (Goals/Objectives: 3.1.2, 3.1.3, 3.1.4) This plan provides a community that promotes high quality development. The product type is compatible with the development to the north. This development is walkable with existing attached sidewalks along 8 th Street, street trees and connecting walks to buildings. A 10 concrete PORT trail runs along the north side of the development, providing Future residents of this community the opportunity to connect to downtown, schools, and parks. Although, Creekside Townhomes Page 2

14 commercial development is not proposed within this development, it is located conveniently to nearby commercial nodes. Public Infrastructure (Goals/Objectives: 1.8.1, 1.8.2, 4.2.5, 4.4.2, 4.6.1, 4.8.3) The proposed development is a logical extension of the Town of Berthoud public services without placing additional burdens on existing residents and businesses. There are nearby utilities and surrounding Berthoud streets. The design allows for phasing that is both responsible and flexible. Infrastructure will be provided so as to meet the requirements of the Comprehensive Plan and/or the Land Use Code. Creekside Townhomes Page 3

15 PREFERRED LAND USE PLAN/ZONING MAP AND PORT PLAN FOR REFERENCE

16

17 , High Density Mixed Use Residential This designation supports higher density residential development, such as townhomes, condominiums and traditional multi-family, but also mixed uses including retail, commercial, office, service, business, workshop, and related uses. Land within this designation may grow to be a rich pedestrian oriented and mixed-use environment where shops, housing, employment and services would all be found. Residential densities are supported between 6 and 14 dwelling units per gross acre in this land use designation. Low Density Suburban Residential The Low Density Suburban Residential land use designation represents a transition from rural residential to higher density traditional single family neighborhoods. This designation supports a slightly higher overall density that remains single-family detached home developments on larger lots. Overall residential density in these areas could range up to 2 units per gross acre. A reduction in lot size is possible if development is clustered on the property. Commercial/Office This Plan designation supports small-scale downtown commercial uses such as resturants, specialty retail, pharmacies, civic uses as well as larger regional commercial opportunities, office spaces, and technology companies. View Corridor Locations on or adjacent to public lands or rights-of-way that have great views of agriculture lands, natural areas and mountain areas to the west and south of Berthoud. View preservation techniques will be explored for these areas. Low Density Rural Residential The Low Density Rural Residential land use designation represents the most natural, least developed, most rural residential areas within the Berthoud GMA. It is intended to support rural-oriented residential development that preserves significant areas of either farmland or open space. Residential lot size in this designation would be a minimum of 2 acres, yielding a maximum density of less than 0.5 dwelling unit per gross acre. This designation is essentially intended to support existing development in either Weld or Larimer counties, as they would be annexed into Berthoud. A reduction in lot size is possible if development is clustered on the property. Moderate Density Residential This land use designation is intended to support traditional residential neighborhoods primarily, but not exclusively, in single-family home development. Overall residential density in these areas may range from 2 to 6 dwelling units per gross acre. While single family residential is the primary land use, additional uses such as churches, schools, medical and dental clinics, offices and general retail are permitted. C 23 Dry Cre ek LCR 21 Jaskowski Conservation Easement LCR 8 Hopkins Conservation Easment Lonetree Reservoir LCR 10 Coleman Reservoir LCR 4 LCR 6 LCR 19 Dunkin CE Heron Lakes Regional Open Space Welch Reservoir kj kj Yeager Farm CE 287, LCR 17 kj Loveland Reservoir LCR 17 LCR 14 kj Berthoud Reservoir LCR 10E Mountain Ave LCR 4E Burlington Northern Railroad Bunyan Ave Spartan Ave 287 LCR 15 BERTHOUD This designation is characterized by single and multi-tenant uses and corporate campuses. Employment uses commonly include corporate headquarters, research and development facilities, laboratories, offices, and industrial. Both light and heavy industrial land uses are supported within this land use designation. Employment Little Thompson River, 1st Street Sunnyslope Reservoir LCR 10 Bacon Lake LCR 13 WCR 1 Baxter Lake Æÿ 60 WCR 46 Newell Lake WCR 40 WCR 3 Æÿ 56 Rockwell Farm CE Neil CE Hummel Reservoir Loveland GMA Boundary Johnstown GMA Boundary WCR 5 Hofmeister Farm CE WCR 42 WCR 7 kj Area of Community Influence Along the I-25 corridor, just outside of the GMA, the town has established an Area of Community Influence, where future land use activities may have an impact on land uses or infrastructure within the Town of Berthoud. These areas are where Berthoud is near or adjacent to the towns of Johnstown and Loveland and where land in the Area of Community Influence could become incorporated into the Berthoud GMA over time and eventually annex to the community., WCR 48 T T 25, Larimer County Weld County WCR 44, kj Low Density Rural Residential (Up to 0.5 DU/AC) Low Density Suburban Residental (Up to 2 DU/AC) Moderate Density Residential (2 to 6 DU/AC) High Density Mixed Use Residential (6-14 DU/AC) Mixed Use Commercial/Office Employment Berthoud Growth Management Area/Boundary Town of Berthoud Area of Community Influence (ACI) Natural Preserve/Open Lands (Parks, Bodies of Water, Hwy 287 Buffer, Trail Corridor Conservation Easement (CE) Irrigation Ditches) View Corridor Areas that may serve to preserve views to agricultural lands, natural areas and mountains along major roadway corridors. General Commercial Neighborhood Commercial Convenience Commercial Low Density Residential (1-3 DU/AC) Medium Density Residential (3-8 DU/AC) High Density Residential (8-20 DU/AC) Parks and Open Space 640 Acres 360 Acres 160 Acres 40 Acres 1 Mile Larimer County Boulder County 0, Ish Reservoir, Park, Civic, Natural Preserve and Open Space This designation identifies areas of the incorporated Town as well as within the larger GMA that have been, or could be, preserved as conservation easements or for use by the public. Boulder County Weld County Mead GMA Boundary I-25 Sub-Area Plan Boundary, 1,250 2,500 5,000 Feet Employment Flex - Office/Residential Little Thompson River Corridor/ Tertiary Drainage Corridor Transit 1. Open space illustrated on the I-25 Sub-Area Land Use Plan includes the Little Thompson River floodplain and secondary intermittent drainages. It is the intent of the Land Use Plan that permanent open space shall represent a minimum of 30 percent of the total gross land area upon buildout. 2. Road alignments and land use areas shall be in substantial compliance with this Land Use Plan. Minor deviations in road alignments and the size of Land Use category acreages (ten percent minmum) may be allowed, subject to Administration approval, but shall not increase the allowable number of dwelling units or the gross floor area of the land use categories original size. Notes to the Preferred Land Use Plan: 1. Approved final plats shall supercede preferred land uses shown herein. 2. The I-25 Sub-Area Plan adopted June 3, 2003, is incorporated into the 2014 Comprehensive Land Use Plan as adopted. T Adopted April 10, 2014 and ratified on May 6, 2014.

18 STAFF REPORT: HAMMOND THIRD AND FOURTH FILING WAIVER DATE: November 9, 2017 Applicant: GENERAL INFORMATION The Birdsall Group, agent for Landhuis Site Location: The property is located West of LCR 17, North of LCR 10 E, and South and East of HWY 287. Applicant's Request: To obtain side yard setback waivers, resulting in 5 side setbacks for Hammond Filings 3 and 4 Current Zoning: Approved for Single Family (R-1) zoning at the Jan. 12, 2017 PC meeting. ZONING DISTRICT INFORMATION R-1 Min. Lot Size 3,500 sq. ft. Min. Lot Width 35 Front Setback 15 ; 22 to garage Side Setback 5 ; 7 6 for two stories Rear Setback 20 Building Height: 40 SURROUNDING ZONING, LAND USE AND REQUIRED BUFFERS Adjacent Zoning Adjacent Land Uses Setbacks for Adjacent Zoning /Buffer required if rezoned North: Hammond Filing 3 (R-1) Single Family homes in development N/A South: Hammond Undeveloped Empty Development N/A (commercial mixed use R-4) Land/Richardson/Loveland Reservoir East: Hammond 2 nd (R-1) Single Family Homes N/A West: Heron Lakes C-1/C-2/AG/R- 3 HWY 287 and Heron Lakes in development N/A Attachments: 1. Justification Letter 2. Waiver Exhibits: Filing 3 and Filing 4

19 BACKGROUND The Hammond ODP/PUD was originally approved as a mixed use development in 2008, with an overall density of 758 residential dwelling units, 756,686 sq. ft. of commercial space (with a minimum of at least 5 acres of commercial space), and allowances for high density residential uses throughout the entire project. The Applicant was approved in January by the Town Board for a Preliminary Plat for the second and third filing and a Rezoning. At this time, the Southern half of the overall Hammond property was rezoned to Mixed Use (R-4) and retained the 5 acre commercial minimum requirement, while the portions comprised of the second, third, and fourth filing, were zoned Single-Family Residential (R-1). Third Filing was approved for 72 single family lots earlier this year, and the Fourth Filing Preliminary Plat for 24 lots, was recently approved at the September 28 th PC meeting. Side Setback Waiver Request Section Waivers, allows waivers on any measurable setback should the request consist of multiple lots. The Applicant is requesting an side yard waiver request from side yard setbacks of 7 6 (for two storey buildings) to 5, resulting in an overall waiver or side yard variance of 2 6 for the 55 wide lots identified (in yellow) in the exhibits. The Applicant contends the following as justification for their request: 1. The reduction in the setback is nominal. 2. The usable space is located in front or behind the house rather than on the sides of the lots. 3. The existing side yard setback requirements has created an artificial limitation on the home designs at Hammond. 4. Five-foot side yard setbacks are a standard setback in Northern Colorado. Deviations from the standard could result in a disadvantage for this subdivision when evaluated by home builders. 5. The reduction in side yard setbacks will increase the pool of potential builders. This request does not create an environment that is detrimental to the public good, create a conflict with the Town Comprehensive Plan, or impair the intent and purpose of this Town of Berthoud Land Use Code. 2

20 The requirements for the waiver request and Analysis of each are found below. SECTION WAIVERS Purpose. The Planning Commission may authorize waivers in regards to platting, zoning and design standards for multiple lots from the Development Code of the Town of Berthoud with respect to the requirements of the following chapters only: Chapter 30-2, Design Standards, Chapter 30-3, Zoning, or Chapter 30-7, Signs. Waivers are authorized in the following in cases: a. Where, due to exceptional conditions peculiar to the site, practical difficulties or an unnecessary hardship is placed on the landowner. b. The waiver shall not be granted if it would be detrimental to the public good, create a conflict with the Town Comprehensive Plan, or impair the intent and purpose of this Code. WAIVER CRITERIA (SECTION D) AND ANALYSIS D. Waiver criteria for approval. The condition of any waiver authorized shall be stated in writing in the of minutes of the Planning Commission with the justifications set forth. Waivers may be granted only if they meet the following criteria: 1. The waiver, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor diminish the value, use or enjoyment of adjacent property. As the waiver will be applied to the development before any permits have been issued, it should not alter the essential character of the development. The prevailing trend and market has been for smaller lots and setbacks along the Front Range and much of the Country. The smaller side setbacks still satisfy the fire separation of the building code, reduce maintenance for home owners; and allow for higher density development. 2. The waiver, if granted, is the minimum waiver of applicable Code provision that will afford relief and is the least modification possible of the Code provisions which are in question. The waiver request matches the side setbacks the code allows for one storey residences, and would also match the original PUD side setbacks. 3. That such practical difficulties or unnecessary hardship has not been created by the applicant. As aforementioned, the Applicant has made the waiver request before any development has occurred, and thus no hardships or practical difficulties have been so created. STAFF BELIEVES THE WAIVER SATISFIES THE CONDITIONS OF THE CODE. 3

21 FINDINGS AND RECOMMENDATIONS Move to recommend approval of the side yard waiver request for a 2 6 side yard variance, resulting in 5 side yard setbacks for 55 wide lots within the Hammond Filings 3 and 4, finding that: 1. The waiver is consistent with the approval criteria Section D as found on pages 2-3 of this Staff Report. 2. The waiver, will not alter the essential character of the neighborhood or district in which the property is located, nor diminish the value, use or enjoyment of adjacent property. 3. The waiver is the minimum waiver of the applicable Code provision that will afford relief and is the least modification possible of the Code provisions which are in question. 4. That such practical difficulties or unnecessary hardship were not created by the applicant. Reminder: When making a motion for or against a Waiver, please provide clear findings in support of the proposed motion utilizing the findings in support of the Criteria necessary for approval or denial (found on page 3). 4

22 EXHIBIT FILING 3 (LOTS IN YELLOW)

23

24 EXHIBIT FILING 4 (LOTS IN YELLOW)

25